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Just heard on the 11 o'clock news: NC about to outlaw death of fetus.

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loudsue Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Apr-19-11 10:54 PM
Original message
Just heard on the 11 o'clock news: NC about to outlaw death of fetus.
It will be considered murder for someone to harm or kill an unborn child.

This is the first time in over 100 years that repukes have been in charge of the legislature in NC, and THIS is what they do in the midst of a crisis.

I haven't researched it yet...the House evidently just passed it. Senate hasn't voted. Or, visa versa. I'm going to go check.

:argh:
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Hugabear Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Apr-19-11 10:56 PM
Response to Original message
1. So, I'm guessing that all miscarriages will be investigated as possible crimes?
Fucking rethugs...hell-bent on dragging us back to the 19th century
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Archae Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Apr-19-11 11:01 PM
Response to Reply #1
5. 19th? Try 10th.
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toddwv Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Apr-20-11 12:35 AM
Response to Reply #5
15. Can't remember any period of time when a miscarriage would be considered a potential crime
Edited on Wed Apr-20-11 12:36 AM by toddwv
unless the woman was assaulted.
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Tx4obama Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Apr-19-11 11:06 PM
Response to Reply #1
7. Like in Georgia and Utah
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Very_Boring_Name Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Apr-19-11 10:58 PM
Response to Original message
2. Isn't this a pointless excercise? Last time I checked the USSC is above state legislatures
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loudsue Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Apr-19-11 11:29 PM
Response to Reply #2
9. States are pushing it all they can. But ultimately, if it went to the supreme court to have it
thrown out of state laws, we now have a supreme court that may allow it.
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grillo7 Donating Member (243 posts) Send PM | Profile | Ignore Wed Apr-20-11 03:00 AM
Response to Reply #9
18. Organizations that would normally sue are intentionally not doing so...
because they don't want to have the entire Roe vs. Wade ruling repealed. I'm not sure where this is going to end.
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Mnemosyne Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Apr-20-11 06:15 AM
Response to Reply #18
21. Handmaid's Tale. n/t
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jberryhill Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Apr-20-11 09:21 AM
Response to Reply #2
24. And what ruling conflicts with this law?

Because if you think that Roe v Wade made it legal for you to attack pregnant women and cause miscarriages, then you are one twisted individual.
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Zanzoobar Donating Member (618 posts) Send PM | Profile | Ignore Tue Apr-19-11 10:59 PM
Response to Original message
3. Unborn child?
I don't think that's what you mean.
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loudsue Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Apr-19-11 11:01 PM
Response to Original message
4. Sorry....false alarm. It's for the unborn victims of violent crime.
The bill (House Bill 215) states that it is in the event that the mother wants to bring the child to term, and someone commits a crime on HER that hurts her baby.

The way WRAL news made it sound, I thought they were making the fetus a person.

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Hugabear Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Apr-19-11 11:03 PM
Response to Reply #4
6. It's still a slippery slope
If you pass a law "protecting" the fetus from violent crimes, it wouldn't take very many steps to pass a law "protecting" a fetus against any 'unnatural' death.
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loudsue Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Apr-19-11 11:23 PM
Response to Reply #6
8. I agree 100%. I just read the bill itself, NOT the blurb that was put out about it.
Check this out:

http://www.ncga.state.nc.us/Sessions/2011/Bills/House/PDF/H215v1.pdf

"§ 14-23.1. Definition. As used in this Article, unless the context requires otherwise, "unborn child" means a
member of the species homo sapiens, at any stage of development, who is carried in the womb. "§ 14-23.2. Murder of an unborn child; penalty.
(a) Any person who unlawfully causes the death of an unborn child is guilty of murder of an unborn child if the person does any one of the following:
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2011
H1 HOUSE BILL 215
Short Title:
Sponsors:
Referred to:
Unborn Victims of Violence Act/Ethen's Law. (Public)
Representatives Folwell, Hilton, Starnes, and Steen (Primary Sponsors). For a complete list of Sponsors, see Bill Information on the NCGA Web Site.
Judiciary Subcommittee B, if favorable, Appropriations.
March 3, 2011
(1) (2)
(3)
Willfully and maliciously commits an act with the intent to cause the death of the unborn child. Commits an act causing the death of the unborn child that is inherently dangerous to human or fetal life and is done so recklessly and wantonly that it reflects disregard of life.
Causes the death of the unborn child in perpetration or attempted perpetration of any of the criminal offenses set forth under G.S. 14-17 that would constitute a Class A felony if a person were killed during the perpetration or attempted perpetration.
(b) who commits such offense shall be punished with imprisonment in the State's prison for life without parole.


Holy Shit!! Does that sound to you like it's just in the event the baby is killed in the commission of a crime against the mother? It sure doesn't to me!


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freshwest Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Apr-20-11 12:14 AM
Response to Reply #8
12. You're right. Abortion will be made illegal state by state and the USSC will rubber stamp it.
It's one of the biggest goals of the Tea Party. While people are off balance from the economy there is going to be a lot of this.

So people had better get ready to change their entire thinking on this subject and I suggest that women of child bearing age stay celibate if they can't get good birth control or aren't ready to be parents.

Because they'll have no choice once they're pregnant. As far as their health is concerned and dying from it, apparently that's going to be left up to God and not man.

I'm not saying this is what I want, especially in a society where the social safety net is being destroyed with no end in sight. Those kids will have a hard time and it'll be chaos for those women without means or firm relationships.

The GOP loves chaos because that's when they can strike at people and steal every last thing from them, even their lives.
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DAMANgoldberg Donating Member (377 posts) Send PM | Profile | Ignore Wed Apr-20-11 12:24 AM
Response to Reply #12
13. This will not become law...
I am not a fan of Gov. Bev (Beverly Perdue, D-eastern NC), but she will veto anything that passes the assembly. At least she is the competent woman running state government in the Carolinas!
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freshwest Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Apr-20-11 12:35 AM
Response to Reply #13
14. Thanks for the news they have one Democrat in office! You wouldn't know it from MSM. Welcome to DU.
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loudsue Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Apr-20-11 02:56 AM
Response to Reply #13
17. I can't stand Beverly Perdue, but she's 100% better than ANY repuke in that seat.
The problem is that she'll be up for reelection in 2012, and there's no way she'll win again. She's extremely unpopular, even with die-hard dems. So, next we'll have that asshole from Charlotte she ran against last time. And, most likely, a republican assembly. I'm so not looking forward to 2012 in NC.

But you're right about this: she will veto that bill.
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cali Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Apr-20-11 03:03 AM
Response to Reply #6
19. that law was passed over a decade ago in Congress
The Unborn Victims of Violence Act of 2004 (Public Law 108-212) is a United States law which recognizes a "child in utero" as a legal victim, if he or she is injured or killed during the commission of any of over 60 listed federal crimes of violence. The law defines "child in utero" as "a member of the species Homo sapiens, at any stage of development, who is carried in the womb".<1>

The law is codified in two sections of the United States Code: Title 18, Chapter 1 (Crimes), §1841 (18 USC 1841) and Title 10, Chapter 22 (Uniform Code of Military Justice) §919a (Article 119a).

The law applies only to certain offenses over which the United States government has jurisdiction, including certain crimes committed on Federal properties, against certain Federal officials and employees, and by members of the military. In addition, it covers certain crimes that are defined by statute as federal offenses wherever they occur, no matter who commits them, such as certain crimes of terrorism.

Because of principles of federalism embodied in the United States Constitution, Federal criminal law does not apply to crimes prosecuted by the individual states. However, 34 states also recognize the fetus or "unborn child" as a crime victim, at least for purposes of homicide or feticide.<2>

http://en.wikipedia.org/wiki/Unborn_Victims_of_Violence_Act
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jberryhill Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Apr-20-11 09:18 AM
Response to Reply #6
23. No. You should really read Roe v. Wade for the rationale some time

Then you would understand that this law has nothing to do with it.

Roe v Wade takes as given that the state has an interest in protecting the lives of the unborn. However, there is a competing individual interest in self determination and privacy.

The rationale in Roe is that these competing interests favor the individual at the early stages, and tilt toward the state at the later stages. It had nothing to do with whether abortion terminated a life. That was taken as a given.
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slackmaster Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Apr-20-11 09:22 AM
Response to Reply #6
26. California has had a similar "fetal murder" law in place since 1973
We haven't fallen into the ocean yet.
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FiveGoodMen Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Apr-19-11 11:32 PM
Response to Original message
10. When will Americans decide they've had enough of this?
It may be too late to fix our poor country, but it's way past time for everyone to get angry.
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EC Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Apr-20-11 12:06 AM
Response to Original message
11. If I were a pregnant woman in that state
I'd go elsewhere until birth. Miscarriages are going to be put on trail - wait and see.
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karmaqueen Donating Member (417 posts) Send PM | Profile | Ignore Wed Apr-20-11 01:07 AM
Response to Original message
16. The nuts that took over scare me!!!
I listen to them being interviewed and to me they sound insane... We have that Pantano already running and I have to hear him on the tv or radio all the time...UG! NC is taking a GIANT step backward! I will do everything I can to fight against Pantano. He is so Power hungry and you can hear it in every word he speaks. He is the one who killed those unarmed men in Iraq and there is word that he also called dogs to him and beat them with a baseball bat..He is getting tons of money from somewhere...He is one of the nuts directing those newly elected crazies on what to do... Please if you are able to vote in NC do so and encourage others.. We need our State back!
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geek_sabre Donating Member (619 posts) Send PM | Profile | Ignore Wed Apr-20-11 05:07 AM
Response to Original message
20. AL AK AZ GA ID IL KS KY LA MI MN MS NB ND OH OK PA SC TX UT VA WV WI
25 states that already have this law on the books granting them legal protection in cases of intentional harm to the mother from conception on.

Ten more (AK CA FL IN MD MA NV RI TN WA) have laws for a portion of time in womb.

Not to mention at the federal level (Laci & Connor's Law passed in 2004 for certain federal crimes)
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chrisa Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Apr-20-11 06:18 AM
Response to Original message
22. It's supposed to just be for crime, but we know why they're doing this.
Womens' rights to their own body are constantly under attack.
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slackmaster Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Apr-20-11 09:21 AM
Response to Original message
25. Unlawful killing of a fetus constitutes murder in my state as well
I live in California.
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